QUESTION
What will happen if I can't pay my credit card debt?
Asked on Oct 11th, 2015 on Bankruptcy - California
More details to this question:
I owe a credit card company a $11,000 and I can't pay back because I am not working and I have 3 kids ages 18,16, and 11. I have nothing, no properties, no money nothing. Can they arrest me?
9 ANSWERS
When someone fails to pay a credit card debt for several months, the line of credit is reduced and the account will often be closed. The creditor may transfer the debt to a professional collection company, either on a temporary or permanent basis. At some point, the creditor or the collector may decide to sue to collect on the debt. While all of this time is elapsing, the interest accrues and late fees are added on month after month. And every month you pay nothing, your credit score goes down down down. If the creditor can sue, most of the time they will win because you fail to respond to the court properly. Maybe the reason is because you moved without letting the creditor know your new address or maybe one of the kids refused to answer the door when the plainclothes process server stopped by. Should the creditor obtain a court judgment, it will be for a lot more than $11,000 because the judgment will include the accrued interest, late charges, court costs and attorney fees. The creditor will be able to garnish your wages, attach your bank account and make survival very difficult. Bankruptcy could become your only solution to this problem.
Answered on Oct 19th, 2015 at 12:49 AM
Derek W. Freeman
You won't be arrested for not paying your credit card. This is not medieval England, and there are no debtors' prisons. The credit card company does have means to collect the debt you owe them, however. It can get a judgment in local court, then start garnishing wages, levying bank accounts, and possibly putting a lien on your home. The way to avoid this is to file bankruptcy, which will bar the creditor from ever collecting on this account. You may want to speak with a local attorney to find out if this is a viable option for you in your situation.
Answered on Oct 19th, 2015 at 12:48 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, "they" can't arrest you to collect a debt. Since you have no assets and no income, there is nothing they can do to collect it.
Answered on Oct 19th, 2015 at 12:48 AM
2 Awards
No, they cannot arrest you. However, they can sue, get a judgment, and then collect against you. You may decide to file bk to protect your assets and income.
Answered on Oct 16th, 2015 at 4:46 AM
William Rhymer
Based on what you said, they cannot arrest you.
Answered on Oct 15th, 2015 at 6:53 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
They can only arrest for violation of court order, not because u can not pay credit card debt. This answer does not count if the debt owed is for tax or child support or alimony.
Answered on Oct 15th, 2015 at 5:26 PM
No. We have not had debtors' prisons for a couple hundred years. If you are not working, there are no wages to garnish. If you own no real estate, they can not put a lien on real estate you do not own. You may be "judgment proof".
Answered on Oct 15th, 2015 at 5:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not unless you procured the debt you fraud.
Answered on Oct 15th, 2015 at 5:26 PM
Debtors' prisons went away in the 1800's.
Answered on Oct 15th, 2015 at 5:25 PM